The Restrictive Trade Practices (Gas Conveyance and Storage) Order 1996

2.—(1) Any agreement which constitutes a variation of or an amendment to any agreement to which any provision of paragraph 1(1) to (4) above applies or which constitutes a variation of or an amendment to any such agreement.

(2) The condition which must be satisfied by an agreement of a description specified in sub-paragraph (1) above is that—

(a) it is in the terms of a draft of which a copy is provided to the Director at least 42 days before the date on which the agreement is made and within 28 days the Director does not give notice in writing, to the party providing it, that he does not approve the agreement because it does not satisfy the criterion specified in paragraph (3) below; or

(b) it contains a provision that any restrictions or information provisions which it contains shall not take effect—

(i) if a copy of the agreement is not provided to the Director within 28 days of the date on which the agreement is made, or

(ii) if, within 28 days of the provision of the copy, the Director gives notice in writing to the party providing it that he does not approve the agreement because it does not satisfy the criterion specified in sub-paragraph (3) below.

(3) The criterion referred to in sub-paragraph (2) above is that the Director considers that either—

(a) the agreement is not likely to add to or extend any effect in restricting, distorting or preventing competition caused by the agreement which it varies or amends; or

(b) to the extent that the agreement adds to or extends such an effect, the effect of the agreement is not greater than is necessary to—

(i) promote effective competition between gas suppliers in the supply of gas which has been conveyed through pipes or between gas shippers in arranging with a public gas transporter for gas to be introduced into, conveyed by means of or taken out of a pipeline system operated by that public gas transporter by providing for access to and use of the pipeline or storage system, or

(ii) protect consumers in particular in relation to the safety and security of gas supply, or

(iii) promote economy or effciency on the part of persons undertaking activities licensed under section 7, 7A(1) or 7A(2) of the Gas Act 1986.